Acceptable Use Policy

Introduction

Simplywifi (Pty) Ltd (“Simplywifi”) is committed to complying with legislation and ensuring all subscribers have the ability to use its network and the Internet without interference or harassment from other users. Simplywifi’s Acceptable Use Policy (“AUP”) is designed to help achieve these goals.

By using any of Simplywifi’s services, subscribers agree to comply with this AUP and to remain responsible for their use. Simplywifi reserves the right to change or modify the terms of the AUP at any time by posting an updated version on its website at www.simplywifi.co.za. Subscribers are deemed to have accepted any changes to the updated AUP by their continued use of Simplywifi’s services.

Scope of the AUP

The AUP applies to Simplywifi services that provide or include Internet services, including but not limited to any service providing access to the Internet, hosting services such as data or content hosting, server hosting, web hosting and e-mail services, or any other services provided over the Internet or wireless data networks, collectively referred to as “the Services”.

Prohibited Activities

General Prohibitions

Simplywifi prohibits use of the Services in any way that:

1. Is unlawful or constitutes incitement to commit criminal acts.
2. Is harmful to, or interferes with, Simplywifi’s network or systems, or the network of any other provider.
3. Interferes with the use or enjoyment of services received by others.
4. Infringes intellectual property rights.
5. Results in the publication of threatening or offensive material that is harmful, obscene, discriminatory, defamatory, or constitutes hate speech.
6. Constitutes abuse, a security risk, or a violation of privacy.

Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription web services, chat areas, bulletin boards, web pages, applications or other services that are accessed through a link from a Simplywifi-branded website, or from a website containing Simplywifi-branded content, constitutes a violation of this AUP.

Unlawful Activities

The Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, provincial, national or international law, treaty, court order, ordinance, regulation or administrative rule.

Violation of Intellectual Property Rights

The Services shall not be used to publish, submit, receive, upload, download, post, use, copy, reproduce, transmit, retransmit, distribute or store any content or material, or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights, privacy rights or publicity rights of Simplywifi or any other individual, group or entity.

This includes, without limitation, rights protected by copyright, patent or trademark laws, trade-secret rights, trade dress, rights of privacy, rights of publicity, moral rights or any other intellectual property right now known or later recognised by statute, judicial decision or regulation.

Threatening Material or Content

The Services shall not be used to host, post, transmit or retransmit any content or material, or to create or operate a domain name, that harasses or threatens the health or safety of others.

For Services that use Simplywifi-provided web or content hosting, Simplywifi reserves the right to decline to provide those services where the content is determined by Simplywifi, at its sole discretion, to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libellous, treasonous, excessively violent, promoting violence or otherwise harmful to others.

Inappropriate Interaction with Minors

The Services may not be used for the purpose of committing any offence against, or relating to, a child, or in any way that would constitute or promote unlawful interaction with children.

Child Pornography

The Services shall not be used to publish, submit, receive, upload, download, post, use, copy, produce, transmit, distribute or store child pornography.

Suspected violations of this prohibition may be reported to Simplywifi at abuse@simplywifi.co.za . Simplywifi will report any discovered violation of this prohibition to the South African Police Service and take steps to remove child pornography, or otherwise block access to content determined to contain child pornography, from its servers.

Spam and E-mail Abuse

Spam and e-mail abuse are prohibited when using the Services. Spam and e-mail abuse include, but are not limited to, the following activities:

• Sending multiple unsolicited electronic mail messages or mail-bombing one or more recipients.
• Sending unsolicited commercial e-mail or unsolicited electronic messages primarily directed at advertising or promoting products or services.
• Sending unsolicited electronic messages containing petitions for signatures, requests for charitable donations or chain-mail material.
• Sending bulk electronic messages without identifying a reasonable means of opting out of additional messages.
• Sending electronic messages, files or transmissions that exceed contracted capacity or may disrupt the Simplywifi network or interconnected networks because of their quantity, size or other characteristics.
• Using another site’s mail server to relay mail without the express permission of that site.
• Using another computer without authorisation to send or retransmit multiple e-mail messages for the purpose of misleading recipients about their origin or conducting activities prohibited by this AUP.
• Using IP addresses that the subscriber has no right to use.
• Collecting responses from unsolicited electronic messages.
• Maintaining a site advertised through unsolicited electronic messages, regardless of the origin of those messages.
• Sending messages that are harassing, malicious or could reasonably be expected to interfere with another party’s quiet enjoyment of the Services or the Internet.
• Using distribution lists containing addresses of persons who have opted out.
• Sending electronic messages that do not accurately identify the sender, return address, address of origin or other information contained in the subject line or header.
• Falsifying packet-header, sender or user information, whether in whole or in part, to conceal the identity of the sender, originator or point of origin.
• Using redirect links in unsolicited commercial e-mail to advertise a website or service.
• Posting a message to more than ten online forums or newsgroups where complaints could reasonably be expected.
• Intercepting, redirecting or otherwise interfering, or attempting to interfere, with e-mail intended for third parties.
• Knowingly deleting author attributions, legal notices or proprietary designations or labels in a file sent by the user.
• Using, distributing, advertising, transmitting or otherwise making available any software, program, product or service designed to violate this AUP or the AUP of any other Internet service provider, including facilitation of spam.

Connectivity Services

Simplywifi reserves the right to establish policies, rules and limitations from time to time concerning use of the Services. Users must comply with bandwidth, data-storage and other limitations imposed by Simplywifi at its sole discretion.

Failure to comply with these rules may result in the user’s service being restricted, suspended or terminated at Simplywifi’s sole discretion.

• Simplywifi reserves the right to limit the number of e-mails that any user may send in a given period or to limit the total message volume sent per hour.
• Unless subscribed to a business package, users may not use the Services for anything other than their own personal use.
• Unless permitted under a signed business agreement, users may not resell any Services, receive any charge or benefit for use of the Services, provide Internet access or any feature of the Services to a third party, or otherwise exploit the Services commercially.
• Users may not operate servers, including game, mail, HTTP, FTP, IRC or multi-user interactive servers, or provide network services to others through the Services, unless expressly authorised by Simplywifi.
• Users may not share the Services with others outside the authorised premises or service arrangement.
• Users may not restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet or any Services, or create an unusually large burden on Simplywifi’s network or another provider’s network.
• Prohibited conduct includes continuously uploading or downloading streaming video or audio, continuous FTP uploading or downloading, or generating levels of traffic sufficient to impede others’ ability to send or retrieve information or use the Services.
• Simplywifi will manage bandwidth usage to the best of its ability during peak periods, but users acknowledge that the Services remain best-effort services.
• Simplywifi reserves the right to manage its network to optimise efficiency for the benefit of all subscribers, including through rate limiting, spam rejection or removal, antivirus mechanisms, protocol filtering and restrictions on use.
• Simplywifi may take any other action it considers appropriate to preserve the integrity of the network experience for all subscribers, including limiting users’ data traffic by controlling network or bandwidth usage.
• Users may not use the Services for unattended automated operation unless expressly agreed by Simplywifi.
• Users may remain connected while actively using the connection and may not use Internet applications to simulate network activity to avoid inactivity disconnection.
• Simplywifi makes no express or implied representation, warranty or guarantee concerning the availability, accuracy, reliability, timeliness, quality or security of any Services.
• Simplywifi is committed to providing uninterrupted Services but cannot guarantee that the Services or allocated capacity will always be available.
• Simplywifi may terminate a Service if it decides to discontinue that Service offering for any reason, without further liability to users.

Security Violations

Subscribers are responsible for ensuring and maintaining the security of their systems and devices that connect to and use the Services, including applying necessary patches and operating-system updates.

The Services may not be used to interfere with, gain unauthorised access to or otherwise violate the security of Simplywifi’s or another party’s servers, networks, network-access systems, personal computers, control devices, software, data or other systems, or to attempt any of the foregoing.

System or network security violations include, but are not limited to:

• Unauthorised monitoring, scanning or probing of a network or system, or any action aimed at the unauthorised interception of data or harvesting of e-mail addresses.
• Hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of user authentication or security without the express authorisation of the system or network owner.
• Impersonating others or secretly or deceptively obtaining personal information from third parties, including phishing.
• Using any program, file, script, command, transmission, message or content designed to interfere with a terminal session, Internet access or any other communication service.
• Distributing or using tools designed to compromise security, including cracking tools, password-guessing programs, packet sniffers or network-probing tools, except during authorised legitimate security operations.
• Knowingly uploading or distributing files containing viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or similar software or programs that may damage another computer, network, system or property, or be used for modem or system hijacking.
• Engaging in the transmission of pirated software.
• Using software or devices designed to defeat system time-out limits, avoid use limitations or maintain an account connection while the subscriber is not actively using the Services.
• Providing guidance, information or assistance intended to cause damage to or breach the security of Simplywifi’s network or another provider’s network.
• Failing to take reasonable security precautions to prevent violations of this AUP.

AUP Enforcement and Notice

A subscriber’s failure to observe this AUP will be regarded as a material breach and may result in Simplywifi issuing a warning, suspending the subscriber’s Services or terminating the subscriber’s Services.

Where reasonably possible, Simplywifi may provide the subscriber with notice of an AUP violation and allow the subscriber to correct the violation promptly.

If the Services are used in a way that Simplywifi, in its reasonable discretion, believes violates this AUP or any other rule or limitation, Simplywifi may take any responsive action it considers appropriate.

Such actions may include, without limitation, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions and immediate limitation, restriction, suspension or termination of all or part of the Services or the subscriber’s account.

Where a user engages in one or more prohibited activities, as determined in Simplywifi’s reasonable discretion, Simplywifi may, without prejudice to any other rights:

• Without notice, temporarily or permanently limit, restrict or suspend the user’s access to the Service concerned.
• Terminate all agreements with the user with immediate effect.
• Bill the user for costs incurred by Simplywifi as a result of the offending activity, including bandwidth, administration costs, downtime, use of Simplywifi’s name or registered domain names and CPU cycles.
• Disclose information relating to the offending activity where required under the circumstances.

Simplywifi has no obligation to monitor the content of materials distributed or accessed using the Services. However, Simplywifi may monitor such content where necessary to comply with applicable laws, regulations, governmental or judicial requests, or to protect Simplywifi’s network and subscribers.

Incident Reporting

Complaints, other than claims of copyright or trademark infringement, regarding a violation of this AUP by a Simplywifi subscriber or user should be directed to info@simplywifi.co.za .

Complaints should include sufficient details to assist Simplywifi in investigating and resolving the matter.